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re: Intellectual Property when leaving a job...

Posted on 9/26/14 at 11:06 pm to
Posted by PurpleHeart12
ST MARTINVILLE
Member since Mar 2011
35 posts
Posted on 9/26/14 at 11:06 pm to
It's a system used to do testing. Both company's came out with the product around the same time. And he said he has it patent on it, I'm not sure if he does or not. He did say he warned them that they were infringing on a patent. I have only used the equipment, I don't know anything about the design of it. I had know idea it was this deep until after I have my notice about leaving.
Posted by supatigah
CEO of the Keith Hernandez Fan Club
Member since Mar 2004
87629 posts
Posted on 9/26/14 at 11:14 pm to
Pretty easy to do a patent search on the Internet and see if he is telling the truth. Just do a patent search for his name.

Honestly if you have something to do with the patent or were part of the development team for the patent then you are stuck. If you are just a technician and used the thing then the only trade secret you have is your training. Which is meaningless unless you go after his clients and he can show damages via lost revenue

Just working somewhere and being trained is not a confidential situation it is merely a trade secret that is void once someone with the training leaves.

Not signing a non-compete is far more important than signing a confidentiality agreement. Remember his lawyer will have to prove what you learned is legally confidential and you caused damages after you left

Definitely talk to the new company, their IP attorney will vet your situation and give you facts not speculation. If your old boss is lying they will know pretty quickly

You want to be a standup guy and be honest, don't hide anything



Posted by jcole4lsu
The Kwisatz Haderach
Member since Nov 2007
30922 posts
Posted on 9/26/14 at 11:15 pm to
There is no way he has a damn thing. If he could have proved patent infringement he would already have them in court.
Take the job.... tomorrow. frick the two weeks. Your current employer is a grade a douche bag who is full of shite.
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